68-221-713 - Penalties.
68-221-713. Penalties.
(a) (1) Any person who violates or fails to comply with any provision of this part, any order of the commissioner or the board issued pursuant to this part or any rule, regulation or standard adopted pursuant to this part is subject to a civil penalty of not less than fifty dollars ($50.00) nor more than five thousand dollars ($5,000) per day for each day of violation.
(2) Each day such violation continues constitutes a separate violation.
(3) In addition, such person shall also be liable for any damages to the state resulting therefrom, without regard to whether any civil penalty is assessed.
(b) Any civil penalty or damages shall be assessed in the following manner:
(1) The commissioner may issue an assessment against any person responsible for the violation or damages;
(2) (A) Any person against whom an assessment has been issued may secure a review of such assessment by filing with the commissioner a written petition setting forth the grounds and reasons for such person's objections and asking for a hearing in the matter involved before the board.
(B) If a petition for review of the assessment is not filed within thirty (30) days after the date the assessment is served, the violator shall be deemed to have consented to the assessment and it shall become final; and
(3) (A) Whenever any assessment has become final because of a person's failure to appeal the commissioner's assessment, the commissioner may apply to the appropriate court for a judgment and seek execution of such judgment.
(B) The court, in such proceedings, shall treat the failure to appeal such assessment as a confession of judgment in the amount of the assessment.
(c) The commissioner, through the attorney general and reporter, may initiate proceedings for assessment in the chancery court of Davidson County or in the chancery court of the county in which all or part of the violations occurred, in the name of the department.
(d) In assessing a civil penalty, the following factors may be considered:
(1) The harm done to the public health or the environment;
(2) Whether the civil penalty imposed will be a substantial economic deterrent to the illegal activity;
(3) The economic benefit gained by the violator;
(4) The amount of effort put forth by the violator to remedy this violation;
(5) Any unusual or extraordinary enforcement costs incurred by the commissioner; and
(6) The amount of penalty set by the board for specific categories of violations.
(e) Damages to the state may include any reasonable expenses incurred in investigating and enforcing violations of this part, or any other actual damages caused by the violation.
(f) (1) Any person violating, or failing, neglecting or refusing to comply with any of the provisions of this part or rules or regulations commits a Class C misdemeanor.
(2) Each day upon which such violation occurs constitutes a separate offense.
(g) Any person who willfully and knowingly pollutes or threatens to pollute any public drinking water system in this state or willfully fails, neglects or refuses to comply with any of the provisions of this part commits a Class E felony.
(h) No warrant, presentment or indictment arising under this part shall be issued except upon application by the board or the commissioner or upon such application authorized in writing by either of these.
[Acts 1983, ch. 324, § 14; 1989, ch. 591, § 113; T.C.A., § 68-13-713; Acts 1989, ch. 591, §§ 1, 6.]